Breakthrough Enterprises Inc. and certain of its affiliates and subsidiaries (detailed below and collectively defined as “Breakthrough”) operate as a television production company that produces and distributes television programming worldwide. Nine separate Notices of Intention to File Proposals (“NOIs”) were filed in respect of the Breakthrough companies on February 1, 2022 (“NOI Filings”) pursuant to subsection 50.4 (1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended (the “BIA”) and Dodick Landau Inc. was named Proposal Trustee. Pursuant to the provisions of subsection 69 (1) of the BIA a stay of proceedings has been initiated and all proceedings against Breakthrough are stayed as of the date of filing of the NOIs.
- Breakthrough Enterprises Inc.;
- Breakthrough Films & Television Inc.;
- Breakthrough Entertainment Inc.;
- Breakthrough New Media Inc.;
- Breakthrough Publishing Inc.;
- Breakthrough Post Inc.;
- Breakthrough Merchandising Inc.;
- 2447134 Ontario Inc.; and
- Oak Room Productions Inc.
On March 1, 2022, Breakthrough attended in Court to seek orders approving the administrative consolidation of the nine NOI proceedings, authorization to make certain critical supplier payments, extension of the stay of proceedings to April 17, 2022 and approval of a sale transaction. The Court granted the orders.
On April 14, 2022 and May 25, 2022, Breakthrough attended in Court to seek orders extending the stay of proceedings to June 1, 2022 and July 16, 2022, respectively, which orders were granted.
On June 13, 2022, Breakthrough attended Court to seek an order to substantively consolidate the nine entities that filed NOIs, as well as seek a vesting order to transfer certain assets of 2447124 Ontario Inc. in a newly created for purpose production entity wholly owned by Breakthrough Entertainment Inc. The Court granted these orders.
On July 12, 2022, pursuant to section 62 of the BIA, Breakthrough filed with the Official Receiver a proposal (the “Proposal”). The Proposal creditor package is attached below. A meeting of the creditors of Breakthrough (the “Meeting“) to consider the Proposal was held by the Proposal Trustee by zoom video conference on August 2, 2022 at 11:00 a.m. At the Meeting the requisite majority of creditors voted in favour of the Proposal.
A motion for the approval by the Court of the Proposal was heard on September 13, 2022 at 12:00 p.m. via Zoom video conference. The Court approved the Proposal.